|
|
Substantiation of Electronic Evidence
Hloušková, Veronika ; Gřivna, Tomáš (advisor) ; Richter, Martin (referee)
Substantiation of Electronic Evidence Abstract The subject of this master thesis is the analysis of the procedural instruments that are entrusted to the law enforcement authorities on the basis of Act No. 141/1961 Coll., on Criminal Procedure (Criminal Procedure Code) and which are used in current practice in connection with substation of electronic evidence. The main aim of this master thesis is to evaluate whether the current legislation is sufficient to effectively secure electronic evidence and at the same time protects constitutionally guaranteed fundamental rights of persons without unreasonable interference with these rights. Appropriately set procedural regulation is desirable with regard to the development of information and communication technologies, and therefore this issue is very relevant. The first chapter deals with evidence in criminal proceedings in general, using a mainly descriptive method, which is essential for understanding the whole master thesis. At the same time, it does not neglect to refer to electronic evidence, especially through examples. The second chapter is the key part of the whole master thesis, analysing the legal regulation of electronic evidence from several perspectives. First, it divides them into categories for clarity, and then discusses the procedural methods by...
|
|
|
Criminal Liability for the Dissemination of Illegal Content on the Internet
Grejták, Igor ; Gřivna, Tomáš (advisor) ; Richter, Martin (referee)
Criminal liability for the distribution of illegal content on the Internet Abstract The thesis deals with the question of criminal liability for the distribution of illegal content in the Internet environment, approaching the issue from both a theoretical and practical point of view. In the first part, the thesis describes in a historical excursion the emergence of the Internet and the development of cybercrime from the first criminal activities to the current threats. Its main objective is to assess the timeliness and adequacy of legislation in the area of criminal liability for the dissemination of content in the Internet environment. Within the framework of criminal liability, the thesis categories entities involved in the distribution of illegal content in the Internet environment into three distinct groups. Specifically, it distinguishes between the criminal liability of content distributors, the liability of information service providers, and the liability of autonomous machines capable of generating and distributing content. The second part of the thesis deals specifically with the criminal liability of distributors of illegal content. It defines the concept of criminal liability and places it in the context of liability for the dissemination of illegal content on the Internet. Within this section,...
|
|
|
Comparative analysis of Criminal Liability of autonomous driving and strong artificial intelligence
Nanos, Andreas ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee) ; Šcerba, Filip (referee)
XXV Abstract: The rapid development of artificial intelligence (AI) has raised important legal and ethical questions regarding the potential criminal liability of AI systems. This comparative analysis explores the distinctions in criminal liability between weak and strong artificial intelligence, considering their varying levels of autonomy and decision-making capabilities. The study begins by defining weak and strong AI, with weak AI referring to systems that are narrowly focused and exhibit limited autonomy, while strong AI denotes systems capable of general intelligence and independent decision-making. It then delves into the legal frameworks governing criminal liability and encompassing traditional legal principles and legislation. Drawing on relevant case law, the analysis examines the challenges of attributing criminal responsibility to weak AI. Due to their limited autonomy and reliance on human input, weak AI systems are typically treated as tools rather than independent agents. Consequently, liability is more likely to be assigned to the human actors responsible for designing, operating, or utilizing the AI system, rather than the AI system itself. In contrast, strong AI presents unique legal and ethical complexities. With their potential to exhibit cognitive abilities akin to human intelligence,...
|
|
|
Copyright infringement using cyberspace
Součková, Kateřina ; Gřivna, Tomáš (advisor) ; Richter, Martin (referee)
5 Abstract Copyright infringement using cyberspace The topic of this diploma thesis is copyright infringement within cyberspace. The author aims to define the current approach to the liability of individual Internet users and Internet service providers for copyright infringement, especially in the context of criminal liability. In the introductory chapter, the thesis deals with the concept of cyberspace, its distinction from the Internet, and the development of law therein. The author then expands on the topic of development of the scope of law on the Internet in the following chapter, where she focuses on the applicable law for non-contractual obligations arising from Internet copyright infringement. The current approach to determining the international jurisdiction of courts is then outlined. The scope of criminal law in cyberspace is covered in the next chapter when the relevant provisions of the Cybercrime Convention are discussed. In the next part of the thesis, the author focuses on the crime of copyright infringement, the element of not insignificant interference according to the Czech Criminal Code, and cases of its fulfillment within the Internet network. Concerning the nature of the Internet, the copyright law, its subject matter, content, exceptions, and limitations are then defined. In the...
|
|
|
Agreement Upon Guilt and Punishment as a Tool for Safeguarding Rights of the Accused
Podliska, Vojtěch ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The vast majority of all criminal cases is dealt by so-called diversions of criminal proceedings as the alternative way of dealing with criminal cases. The diploma thesis deals with an agreement on guilt and punishment, which can be considered as this type of special criminal proceedings. Although plea bargaining (agreement on guilt and punishment) is quite a new topic to the Czech legal system, it is often discussed among scholars. In the thesis, I will describe plea bargaining concerning its impact on the rights of the accused. The thesis is divided into 10 chapters, including an introduction and a conclusion. In the beginning (chapters 1 and 2), I will focus on the description of diversions of criminal proceedings as well as plea bargaining. In the chapter 3, I will describe the legal regulation of plea bargaining under the Czech Code of Criminal Procedure. Then, I will focus on the specific areas of plea bargaining having the greatest impact on the rights of the accused, especially the role of the court of law in plea bargaining, its application within the framework of cases with multiple accused and securing of free will of the accused in entering into plea agreement (chapters 4-9). The final part contains legislative proposals de lege ferenda and conclusion (chapters 9 and 10). The outcome of...
|
|
|
WIRETAPPING AND RECORDING OF TELECOMMUNICATION TRAFFIC
Jiráček, Jan ; Gřivna, Tomáš (advisor) ; Richter, Martin (referee)
AB S T R A C T W I R E T A P P I N G A N D R E C O R D I N G O F T E L E C O M M U N I C A T I O N T R A F F I C The author of this thesis analyzes the legal institutes related to secret surveillance of communication or the correspondent data. Those institutes are not only wiretapping and recording of telecommunication traffic according to section 88 TrŘ and capture of data on telecommunication traffic according to section 88a TrŘ, but also acoustic surveillance of private premises and capture of e-mail communication, which are according to the current legal framework realized via section § 158d paragraph 3 TrŘ - surveillance of persons and items. The core of this thesis is the analysis of the aforementioned institutes and the corresponding case law, both Czech and the ECHR case law. The thesis also evaluates the practices of the Czech law enforcement authorities based on the case law of the Supreme court in the special proceeding to evaluate the legality of some of the aforementioned institutes, which is also described in this thesis. The thesis also analyzes the legal framework for the international cooperation in criminal matters, which (due to the globalization and its effect on telecommunications) grows in importance. One chapter is dedicated to the analysis of the most prominent case law regarding the...
|
|
|
Substantiation of Electronic Evidence
Krákorová, Simona ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
81 Thesis title Substantiation of Electronic Evidence Abstract Thesis deals with the substantiation of electronic evidence within the framework of criminal procedure. The importance of the issue of obtaining such a category of evidence further intensifies as the technology continues to develop. The various types of crime perpetrators simultaneously leave behind digital traces with regard to almost all cases. Therefore, the author focuses on the issue, whether is it possible to obtain such an evidence effectively. The author concurrently takes into account the question of whether the process of obtaining electronic evidence meet certain threshold of protection of the fundamental rights and freedoms of an individual. Hence, the author analyses the characteristic of the individual relevant procedures. The issue of data retention, in other words the areal data collection and preservation in the light of recent case law as well as the possible adjustments to current legislation is subject to scrutiny. Attention is drawn, inter alia, to the novel procedure which enables preventive preservation of data important for the criminal proceedings. Furthermore, the author takes into account the issue of obtaining the content of the communication by means of electronic mail. Moreover, thesis deals with the partial...
|
|
|
Organized Drug Crime
Ivanov, Nikita ; Gřivna, Tomáš (advisor) ; Richter, Martin (referee)
This thesis focuses on the issue of organized drug crime. In the introduction of the thesis the terms related to this type of crime are defined, namely organized criminal group and addictive substances according to the Criminal Code. Furthermore, the introduction discusses organized crime in terms of criminology and the historical development of organized crime in the Czech Republic. The main part of the thesis is already devoted to organized drug crime. This part first describes how the perpetrators of this type of crime are organized, as well as explains the ways in which drugs can be smuggled, including the history of drug trafficking in the Czech Republic and other parts of the world. A significant part of the work is devoted to the use of information technology for drug smuggling, especially the dark web. A very interesting section in relation to the use of technology is the laundering of the proceeds of crime through cryptocurrencies, which gives an insight into the ways in which this new practice is being implemented. At the end of the main section, the thesis will give an insight into the current drug situation, summarizing the current trends in drug supply. The third chapter is devoted to the fight against organised drug crime. It describes international and national measures aimed at...
|
|
|
Criminal liability in public procurements
Richter, Martin ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee) ; Kalvodová, Věra (referee)
1 ABSTRACT Criminal liability in public procurements The thesis deals with the criminal liability in public procurements. Public procurement is a very complex and organized activity, the criminal assessment of which, however, cannot reliably lead to satisfactory results on the basis of existing doctrine. The primary goal of this work is therefore to identify the roles and extent of criminal liability of individual actors in the decision- making process of public administration and on this basis to analyze which type of negotiations concerning public procurement may be punished under a special part of the Criminal Code. The importance of effective prosecution of criminal offenses relating to public procurement results from the fact that amount of funds in public procurement correspond to tenth of gross domestic product. For easier orientation of the reader, a formal structure was chosen so that, as far as possible, it comes as close as possible to the standard criminal law teaching on elements of a crime. Specifically, the chapters are divided into actions in public administration, its criminal relevance, the consequence in public administration, the subject, the subjective aspect, circumstances precluding illegality and finally to crimes related to public procurement. From the material point of view, the...
|
|
|
Criminal and criminological aspects of the phishing
Žilková, Markéta ; Gřivna, Tomáš (advisor) ; Richter, Martin (referee)
Criminal and criminological aspects of the phishing Abstract Present thesis is aimed on analysis of criminal and criminological aspects of phishing. While gathering the literature resources lack of studies systematically describing the problematic of phishing was discovered even though phishing is one of the most common cybernetical crimes and represents a significant thread for users of cyberspace. Czech literature is especially lacking studies concerning criminological aspects of phishing. This thesis is divided to two parts - criminological and criminal. This thesis presents complex description of phishing including its evolution and process of refinement. In the first part phishing as a phenomenon and also its history and types evolving with time are described. The aim of this thesis is to evaluate the trend of number of phishing attacks and to determine whether its increasing, decreasing or level. Given the human interactions in cyberspace increasing trend is expected. In the next part characteristics and motivation of offender, characteristics of the victim and possibilities of prevention are discussed. In this part mostly international sources are being used given the absence of Czech sources. In the criminal part European legislative is briefly mentioned. Nevertheless, this thesis is written in the...
|
guest ::
